K. DAYANANAND Vs. MANJEGOWDA

JUDGEMENT

(1.) THE petitioner is before this court assailing the order dated 13/8/2014 passed in M.A. No. 62/2013.

(2.) THE petitioner herein is the plaintiff in O.S. No. 254/2012. The suit is filed against the defendants therein seeking judgment and decree of declaration in respect of suit 'A' schedule property and for consequent relief of mandatory injunction in respect of 'B' schedule property. In the said suit, the plaintiff had also filed an application under Order 39 Rule 1 and 2 of CPC seeking interim order of temporary injunction. The Trial Court by its order dated 8/8/2013 had allowed the application and the defendants were restrained from carrying out any further construction in the 'B' schedule property. The first defendant claiming to be aggrieved by the same, was before the Lower Appellate Court in M.A. No. 62/2013. The Lower Appellate Court, by its judgment dated 13/8/2014, had allowed the appeal and set aside the order passed by the Trial Court. It is against the said order, the petitioner is before this court.

(3.) THE learned counsel for the respondent/caveator would seek to sustain the order passed by the court below by relying upon the objection statement filed to this petition.